What We Do SPECIAL EDUCATION REFERRAL CONSIDERATIONS FOR NEWCOMER AND REFUGEE STUDENTS A.
Houston ISD (HISD) has experienced significant growth of the ELL immigrant population. Immigrant is defined as foreign born with three years or less of schooling in the United States.
Newcomer student s are defined as a student who is foreign born and in their first year of schooling in the United States. This includes students who have spent less than 60 consecutive days in school the prior academic year. This means that students that enrolled for the first time on February 23, 2016 would still be considered a newcomer student for the 2016-2017 school year. Refugee students are defined as children under the age of 18, who are foreign born or have at least one foreign-born parent who is unable or unwilling to return to his or her country of national origin because of persecution or a well-founded fear of persecution on the basis of race, religion, nationality, or subscription to a particular social group or political opinion. Newcomer and Refugee students enrolling in HISD do not always arrive with educational or medical documentation. Parents or guardians may be the only resource to provide information concerning a student’s medical diagnosis. B. Special Education. Special Education referral decisions may be appropriate for many newcomer and refugee students. While the Special Education referral process is consistent for all students, referrals for a special education evaluation should not be automatically ruled out because of the student’s newcomer or refugee status. Circumstances may exist that justify an immediate special education evaluation referral and the process should not be delayed by Response to Intervention (RtI) processes. In general, if the campus Intervention Assistance Team (IAT) suspects the newcomer or refugee student may have a disability and suspects the move to the United States (US) did not cause the disability characteristics, then a special education evaluation referral may be needed. Examples include students with autism, visual impairments, auditory impairments, intellectual disabilities, orthopedic impairments, severe articulation concerns, and some health impairments. Based on parent information, documentation from the home country or documentation that is part of the resettlement process, an immediate referral for special education evaluation may be needed, regardless of the length of enrollment in a US public school. When official documentation is not available, parent information and subsequent student observation may suffice as a trigger for a special education evaluation referral. The burden is on the campus evaluation team to rule in or rule out a disability, not the parent. Other scenarios include newcomer and refugee students with substantial and severe disability needs who may not be able to begin school in HISD without the support of special education. In these cases, like all students living within the HISD attendance boundaries, enrollment and attendance in a HISD school is not a pre-requisite for a special education evaluation referral. HISD maintains the responsibility of assessing all students suspected of having a disability who reside in the HISD attendance boundaries regardless of school enrollment. The move to the US for newcomer and refugee students, however, may cause the student to struggle in US schools as they acquire a new language and culture. Adjustment to a new language, culture and customs is very difficult to immediately overcome, while also being required to keep pace in the general education curriculum. For all newcomer and refugee students, adequate exposure to the curriculum and regular school attendance is vital before the achievement gap narrows or closes in a new country. If a more substantial disability (i.e., autism, intellectual disability, auditory impairment, visual impairment, orthopedic impairment, brain injury, etc.) has been ruled out, newcomer and refugee students should not be immediately referred for a specific learning disability (SLD) evaluation. Adequate exposure to the Texas Essential Knowledge and Skills (TEKS) or other US curriculum and regular attendance is required before a student can be determined eligible for special education services as a student with a SLD. It is likely most newcomer and refugees will receive some type of academic intervention as they enter HISD schools. If the campus IAT does not determine the student is making adequate academic growth in response to these interventions despite regular attendance, then a newcomer or refugee student may be referred for a SLD evaluation after a period of time. However, it is important to note that a newcomer or refugee student should not be referred for a SLD evaluation if he/she is making academic growth, but not yet on-grade level. Exposure to a new language, culture, and customs may cause a newcomer or refugee student to exhibit behaviors that are considered inappropriate in US schools or in relation to the US culture. These behaviors may be caused by traumatic experiences encountered in the student’s home country or during the journey to the US. Considerations of special education evaluation referrals for a behavior or emotional disability, must ensure the behavior is a long-standing problem and not caused by the move to the US, demonstrated under normal circumstances and observed in multiple settings. If the exhibited behavior, even if extreme, can be attributed to the move to the US then the student should not be referred for a disability evaluation. Referral decisions for newcomer and refugee students can be very complicated and difficult. The campus special education evaluation specialist, speech therapist (SLP), and/or licensed specialist in school psychology (LSSP) need to be included as appropriate, in the IAT process and the decision to refer a student for a special education evaluation. Section 504 Section 504 supports and accommodations can also be considered for newcomer and refugee students immediately or over-time similar to Special Education services. Section 504 supports would provide the student general education accommodations to help in lessening the impact of a disability. Under Section 504, students are eligible for supports if the disability substantially impacts any major life function. There may be newcomer or refugee students who are making progress academically and responding to intervention, but have an illness such as diabetes, asthma or a seizure disorder. For these students, even though there may not be an academic need, formal classroom adjustments or accommodations may be needed to address the physical impairment. In these cases referral to a Section 504 evaluation should not be delayed by the RtI process and can be made immediately by a campus IAT. It is important to note that many refugee students and their families may be seeking safety in the US from very difficult conditions in their home country. In some cases these students may exhibit needs associated with a trauma and stressor-related condition such as Post Traumatic Stress Disorder (PTSD). If these circumstances exist, the campus LSSP needs to be involved and a possible referral for Section 504 supports could be considered. Similar to a special education evaluation referral, all Section 504 evaluation referral decisions must be made by the campus IAT committee if the student resides in the HISD attendance boundary, regardless of school enrollment or if interventions are needed.
What's Required
What We Do
SPECIAL EDUCATION REFERRAL CONSIDERATIONS FOR NEWCOMER AND REFUGEE STUDENTS
A.
Houston ISD (HISD) has experienced significant growth of the ELL immigrant population. Immigrant is defined as foreign born with three years or less of schooling in the United States.
Newcomer student
s are defined as a student who is foreign born and in their first year of schooling in the United States. This includes students who have spent less than 60 consecutive days in school the prior academic year. This means that students that enrolled for the first time on February 23, 2016 would still be considered a newcomer student for the 2016-2017 school year.
Refugee
students are defined as children under the age of 18, who are foreign born or have at least one foreign-born parent who is unable or unwilling to return to his or her country of national origin because of persecution or a well-founded fear of persecution on the basis of race, religion, nationality, or subscription to a particular social group or political opinion.
Newcomer and Refugee students enrolling in HISD do not always arrive with educational or medical documentation. Parents or guardians may be the only resource to provide information concerning a student’s medical diagnosis.
B. Special Education.
Special Education referral decisions may be appropriate for many newcomer and refugee students. While the Special Education referral process is consistent for all students, referrals for a special education evaluation should not be automatically ruled out because of the student’s newcomer or refugee status. Circumstances may exist that justify an immediate special education evaluation referral and the process should not be delayed by Response to Intervention (RtI) processes.
In general, if the campus Intervention Assistance Team (IAT) suspects the newcomer or refugee student may have a disability and suspects the move to the United States (US) did not cause the disability characteristics, then a special education evaluation referral may be needed. Examples include students with autism, visual impairments, auditory impairments, intellectual disabilities, orthopedic impairments, severe articulation concerns, and some health impairments. Based on parent information, documentation from the home country or documentation that is part of the resettlement process, an immediate referral for special education evaluation may be needed, regardless of the length of enrollment in a US public school. When official documentation is not available, parent information and subsequent student observation may suffice as a trigger for a special education evaluation referral. The burden is on the campus evaluation team to rule in or rule out a disability, not the parent.
Other scenarios include newcomer and refugee students with substantial and severe disability needs who may not be able to begin school in HISD without the support of special education. In these cases, like all students living within the HISD attendance boundaries, enrollment and attendance in a HISD school is not a pre-requisite for a special education evaluation referral. HISD maintains the responsibility of assessing all students suspected of having a disability who reside in the HISD attendance boundaries regardless of school enrollment.
The move to the US for newcomer and refugee students, however, may cause the student to struggle in US schools as they acquire a new language and culture. Adjustment to a new language, culture and customs is very difficult to immediately overcome, while also being required to keep pace in the general education curriculum. For all newcomer and refugee students, adequate exposure to the curriculum and regular school attendance is vital before the achievement gap narrows or closes in a
new country. If a more substantial disability (i.e., autism, intellectual disability, auditory impairment, visual impairment, orthopedic impairment, brain injury, etc.) has been ruled out, newcomer and refugee students should not be immediately referred for a specific learning disability (SLD) evaluation. Adequate exposure to the Texas Essential Knowledge and Skills (TEKS) or other US curriculum and regular attendance is required before a student can be determined eligible for special education services as a student with a SLD. It is likely most newcomer and refugees will receive some type of academic intervention as they enter HISD schools. If the campus IAT does not determine the student is making adequate academic growth in response to these interventions despite regular attendance, then a newcomer or refugee student may be referred for a SLD evaluation after a period of time. However, it is important to note that a newcomer or refugee student should not be referred for a SLD evaluation if he/she is making academic growth, but not yet on-grade level.
Exposure to a new language, culture, and customs may cause a newcomer or refugee student to exhibit behaviors that are considered inappropriate in US schools or in relation to the US culture. These behaviors may be caused by traumatic experiences encountered in the student’s home country or during the journey to the US. Considerations of special education evaluation referrals for a behavior or emotional disability, must ensure the behavior is a long-standing problem and not caused by the move to the US, demonstrated under normal circumstances and observed in multiple settings. If the exhibited behavior, even if extreme, can be attributed to the move to the US then the student should not be referred for a disability evaluation.
Referral decisions for newcomer and refugee students can be very complicated and difficult. The campus special education evaluation specialist, speech therapist (SLP), and/or licensed specialist in school psychology (LSSP) need to be included as appropriate, in the IAT process and the decision to refer a student for a special education evaluation.
Section 504
Section 504 supports and accommodations can also be considered for newcomer and refugee students immediately or over-time similar to Special Education services. Section 504 supports would provide the student general education accommodations to help in lessening the impact of a disability. Under Section 504, students are eligible for supports if the disability substantially impacts any major life function. There may be newcomer or refugee students who are making progress academically and responding to intervention, but have an illness such as diabetes, asthma or a seizure disorder. For these students, even though there may not be an academic need, formal classroom adjustments or accommodations may be needed to address the physical impairment. In these cases referral to a Section 504 evaluation should not be delayed by the RtI process and can be made immediately by a campus IAT.
It is important to note that many refugee students and their families may be seeking safety in the US from very difficult conditions in their home country. In some cases these students may exhibit needs associated with a trauma and stressor-related condition such as Post Traumatic Stress Disorder (PTSD). If these circumstances exist, the campus LSSP needs to be involved and a possible referral for Section 504 supports could be considered.
Similar to a special education evaluation referral, all Section 504 evaluation referral decisions must be made by the campus IAT committee if the student resides in the HISD attendance boundary, regardless of school enrollment or if interventions are needed.